Michigan offers first-time drug offenders various options for alternative sentencing, especially if the offense is related to use or possession. However, the state is not as forgiving when it comes to repeat drug offenders who have been convicted of subsequent drug offenses. In fact, the state will impose enhanced penalties if they discover you’re a repeat drug offender. These enhancements could potentially double the usual sentence, which may elevate a relatively minor misdemeanor offense to a life-changing felony.
What’s worse is that judges don’t even have to follow these sentencing rules. A recent Michigan Supreme Court decision ruled that judges have the power to decide sentences in criminal cases and aren’t limited to the sentencing guidelines listed in the Michigan Penal Code. Although the Supreme Court says these sentences must be “reasonable,” that means in theory you could face an even longer prison sentence as a repeat drug offender if the judge deems it necessary. For these reasons and more, we highly encourage you to seek an experienced criminal defense attorney if you’ve been deemed a habitual drug offender.
Oakland County Habitual Drug Offender Attorney | Bloomfield Hills, MI
The state of Michigan requires an enhanced sentence for repeat drug offenders, which could possibly double a prison sentence. To make matters worse, the first conviction doesn’t have to be in the state of Michigan. Any prior drug conviction in the United States can be used to enhance your penalties if you’re charged with a drug crime in Michigan. That is why we highly encourage you to call upon J. Dallo of Dallo Law, P.C. if you’re in need of legal representation.
Dallo of Dallo Law, P.C. is an experienced Michigan drug lawyer who can aggressively defend you in court. He can craft a strong defense for your case utilizing his skills, resources, and years of practice. Call Dallo Law, P.C. today at (248) 283-7000 to set up your first consultation free.
Dallo Law, P.C. can be found in Bloomfield Hills, but we accept clients throughout the greater Oakland County and Macomb County area including Roseville, Eastpointe, Romeo, Utica, New Baltimore, Fraser, Birmingham, Sterling Heights, Clarkston, Rochester, Rochester Hills, Bloomfield Township, West Bloomfield Township, and Troy.
- Michigan Penalty Enhancements for Repeat Drug Offenders
- Repeat Drug Offenders and Schedule 1 & 2 Drugs
- Penalties for Drug Trafficking in a School Zone
- Additional Resources
Penalties for Repeat Drug Offenders
The state of Michigan doesn’t offer repeat drug offenders any slack. If you’ve been charged with a second or subsequent drug offense, you’ll likely be looking at a penalty enhancement for your crimes. According to Section 333.7413 of the Public Health Code, any person convicted of a second or subsequent drug crime will be imprisoned for a term nor more than twice the term listed under the Michigan Penal Code. They will also be fined no more than twice the amount authorized under the Michigan Statutes.
In other words, if you’ve been convicted of a second or subsequent drug offense, the judge could DOUBLE your sentencing. For example, if you had a prior drug conviction and were charged again with possessing LSD, then instead of facing up to 12 months in jail you’ll instead be facing up to 24 months in jail. The judge may sentence you for less depending on their reasoning, but they could potentially double your prison time if they deem it necessary.
You might be wondering what the court considers to be a second or subsequent offense. According to the Michigan Penal Code Section 333.7413(4), a crime is considered to be a second or subsequent offense if, before conviction of the offense, the offender has at any time been convicted under this section or any statute under the United States related to narcotic drugs, marijuana, stimulants, depressants, or hallucinogenic drugs.
There is no “look back period” when it comes to drug offenses in Michigan. If you have been convicted of any time of a drug offense in the past, it could be used to enhance your current drug charges in Michigan.
Repeat Drug Offenders and Schedule 1 & 2 Drugs
It’s clear Michigan is harsh on repeat offenders, but the law is particularly punitive when it comes to certain types of drug offenses involving cocaine or schedule 1 or 2 drugs. Schedule 1 and 2 narcotics are considered to have the most risk out of all substances, so they carry the highest penalties. Some examples of schedule 1 and 2 drugs include OxyContin, heroin, Vicodin, and Fentanyl.
Under Michigan Penal Code Section 333.7413, it states you could be sentenced to life without parole if you’ve received a second or subsequent conviction for one of the following:
- Delivering, manufacturing, or possessing with intent to deliver more than 50 grams of a schedule 1 or 2 drug or the substance cocaine
- Possessing more than 50 grams or a schedule 1 or 2 drug or the substance cocaine
- Conspiracy to commit any of the above
Penalties for Drug Trafficking in a School Zone
Drug crimes in the vicinity of a school zone will result in enhanced penalties. The consequences are even worse if this is your second or subsequent drug offense under MCL 333.7410(2). The statute specifies that any person who has been charged with a second or subsequent offense for delivering or possessing with intent to deliver a schedule 1 or 2 drug within 1,000 feet of a school zone will face a term of imprisonment of:
- At least 5 years; or
- Double the penalty under this section (10 years); and
- Must be fined three times the amount authorized by section 7401(2)(a)(iv)
If you’re convicted of a second or subsequent drug trafficking offense near a school zone, you won’t at all be eligible for suspension in any portion of the offense. That includes probation.
Safe & Just Michigan | Habitual Sentencing Enhancements – Visit the official website for Safe and Just Michigan, which is a group dedicated to reducing the harm caused by crime and incarceration. Access their site to read more information about habitual offenders in Michigan, proposed reforms for current habitual offender laws, and data for felony convictions in Michigan from 2012-2017 via an infogram.
Michigan Habitual Drug Offender Laws – Visit the official website for the Michigan Legislature to read more about their laws regarding second or subsequent drug offenses. Access the site to read up on the penalty enhancements, minimum terms of imprisonment, the definition of a second or subsequent offense and more.
Michigan Repeat Drug Offender Attorney, Bloomfield Hills
If you or someone you know has been arrested and deemed a repeat drug offender, don’t waste any time and call a defense lawyer as fast as possible. J. Dallo of Dallo Law, P.C. has been practicing for years and understands how devastating these charges can be to your life and reputation. He can utilize his skills as a seasoned lawyer to negotiate a resolution with the prosecutor or fight your charges head-on in court with compelling evidence.
Call Dallo Law, P.C. today at (248) 283-7000 to set up your first consultation absolutely free. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County, Michigan area.